When an accident results in the death of a loved one, compensation may be the farthest thing from your mind. And while legal action will not bring a deceased person back, some solace and closure can be found in holding someone responsible.
Damages in Baton Rouge wrongful death cases can cover some of the expenses coming from an accident, but only if you act to get those damages. At Tomeny | Best, our compassionate wrongful death attorneys could support you and your family through a wrongful death action to receive damages.
What Damages Are Available Through a Wrongful Death Claim?
Under Louisiana state law, family members of someone who passes away due to a third person’s fault can seek compensation for both economic and non-economic forms of damages in the following order of priority:
- The decedent’s surviving spouse and/or child(ren)
- The decedent’s surviving parent(s)
- The decedent’s surviving sibling(s)
- The decedent’s surviving grandparent(s)
Recoverable special damages through a Baton Rouge wrongful death case can include various forms of financial support the decedent would have provided in the future, including lost work income and lost future value of inheritance. It is also possible to recover for any funeral, burial, and/or medical expenses paid by surviving family members on the decedent’s behalf and for the value of lost household services and support the decedent would have provided.
General damages in wrongful death claims typically center around emotional anguish, but they also often account for losses of care, companionship, advice, and consortium with a spouse, if applicable. A knowledgeable legal professional’s support can be vital in identifying and accurately valuing all compensable damages stemming from a specific wrongful death.
Unique Damages for Survival Actions
In some situations, it is possible to seek restitution for losses the decedent personally suffered between sustaining a serious injury and ultimately passing away from that injury or another subsequent one. This can be done through a separate type of civil claim called a survival action, which can incorporate damages like medical bills, lost wages while hospitalized, and physical pain and suffering from that injury.
Establishing Strong Grounds for a Wrongful Death Lawsuit
Proving a claim will likely involve showing the negligence of the person responsible, usually described as a duty of care that is breached, causing the accident and damages, such as the death in question and the other damages from it. A person will also need to show that the deceased did not partly cause the accident, which could reduce the damages a person can receive under Louisiana’s system of negligence described by Louisiana Civil Code § 2323.
A person does not need to figure out how to file a wrongful death claim and prove negligence on their own in Baton Rouge to receive damages. Instead, a well-versed lawyer could help, from gathering evidence of what happened to bringing a claim.
Learn More From a Baton Rouge Attorney About Your Options For Pursuing Damages for a Wrongful Death Case
During a time of grieving, you may not feel ready to pursue legal action. However, the one-year statute of limitations can force you to act, and a practiced lawyer could help you move quickly to preserve your legal rights.
For more information about damages in Baton Rouge wrongful death cases, speak with one of our diligent attorneys at Tomeny | Best. Our professionals could evaluate your case during a free consultation so you can decide whether to bring a wrongful death action.
